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It is registered

Ministry of Justice of Ukraine

June 22, 2020

No. 549/34832

ORDER OF THE MINISTRY OF FINANCE OF UKRAINE

of June 9, 2020 No. 281

About approval of the Procedure for application of measures concerning assistance to protection of intellectual property rights and interaction of customs authorities with owners, customs applicants and other interested persons and Changes in some regulatory legal acts of the Ministry of Finance of Ukraine

According to part one of Article 397 of the Customs code of Ukraine, the Regulations on the Ministry of Finance of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of August 20, 2014 No. 375, for the purpose of determination of single procedure for application of measures concerning assistance to protection of intellectual property rights, interaction of customs authorities with owners, customs applicants and other interested persons during implementation of customs control and customs clearance of the goods containing objects of intellectual property right, PRIKAZYVAYU:

1. Approve the Procedure for application of measures for assistance to protection of intellectual property rights and interaction of customs authorities with owners, customs applicants and other interested persons which is applied.

2. Approve Changes in some regulatory legal acts of the Ministry of Finance of Ukraine which are attached.

3. In heading and Items 1, 3 orders of the Ministry of Finance of Ukraine of June 15, 2012 No. 731 "About approval of the Procedure for expense recovery for storage of goods and vehicles in warehouses of GNS customs, the Procedure for calculation of expense amounts on cases on customs offense and their compensation and the Amount of compensations for storage in warehouses of GNS customs of goods and vehicles", registered in the Ministry of Justice of Ukraine on July 9, 2012 for No. 1140/21452 (with changes), the word and abbreviation of "GNS customs" shall be replaced with words "customs authorities".

4. Declare invalid the order of the Ministry of Finance of Ukraine of May 30, 2012 No. 647 "About approval of the Order of interaction of divisions of customs when implementing customs control and customs clearance of the goods containing objects of intellectual property right", registered in the Ministry of Justice of Ukraine on June 22, 2012 for No. 1033/21345.

5. To provide to the State Customs Service of Ukraine till July 1, 2020 creation and completion of the corresponding program and information complexes for realization of provisions of this order.

6. In accordance with the established procedure to provide to department of customs policy of the Ministry of Finance of Ukraine:

submission of this order on state registration in the Ministry of Justice of Ukraine;

promulgation of this order.

7. This order becomes effective from the date of its official publication.

8. I reserve control of execution of this order and I assign to the acting as the Chairman of the State Customs Service of Ukraine Muratov I. N.

Minister

S. Marchenko

 

It is approved:

Minister of development of economy, trade and agricultural industry of Ukraine

 

I. Petrashko

First Deputy Minister of digital transformation of Ukraine

A. Vyskub

Acting as Chairman of the State Customs Service of Ukraine

I. Muratov

Acting as Chairman of the Public regulatory service of Ukraine

A. Miroshnichenko

Approved by the Order of the Ministry of Finance of Ukraine of June 9, 2020, No. 281

The procedure for application died concerning assistance to protection of intellectual property rights and interaction of customs authorities with owners, customs applicants and other interested persons

I. General provisions

1. This Procedure establishes single approach and rules of application of actions concerning assistance to protection of the intellectual property rights (further - PIS) provided by Articles 399, of 400, of 401 - 402 Customs code of Ukraine (further - the Code), interactions of customs authorities with owners, customs applicants and other interested persons of rather practical implementation of Chapter 57 of the Code.

2. In this Procedure terms are used in such values:

data of the customs register - information entered in the program and information complex "Customs Register of Objects of Intellectual Property Right" of the Single automated information system of State Customs Service (further - EAIS), by results of registration of object of PIS in the customs register of objects of PIS which are protected according to the law (further - the customs register);

the statement for registration of object of PIS in the customs register - the statement for assistance to protection of the property rights belonging to the owner on object of PIS which moves according to article 398 of the Code for the purpose of registration of such object in the customs register;

the application which is submitted according to article 400 of the Code, - the statement for assistance to protection of the property rights belonging to the owner on object of PIS which moves after suspension of customs clearance of goods at the initiative of customs authority according to article 400 of the Code;

the assistance measures provided by part one of article 397 of the Code of actions for assistance to protection of PIS which are applied to goods which are suspected of violation of PIS;

the shown goods - the goods shown to customs control and customs clearance;

suspension of customs clearance of goods - suspension of accomplishment of customs formalities when implementing customs clearance of goods using the customs declaration or suspension of accomplishment of customs formalities which are performed concerning goods without submission of the customs declaration which is performed based on the decision on suspension of customs clearance of goods;

the decision on suspension of customs clearance of goods - the document in form according to appendix 1 to this Procedure which is accepted in case of suspension of customs clearance of goods according to Articles 399, 400 and 401-1 Codes (further - the Decision);

The joint venture - specialized structural division of customs authority to which according to provision function of the organization of application of measures of assistance is assigned.

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